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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General
This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.
This accessible book examines poisoning in various contexts of international conflict. It explores the modern-day use of poison in warfare, terrorism, assassination, mass suicide, serial poisoning within healthcare, and as capital punishment. It examines a broad range of international cases from the Americas, Europe, Japan, India and more in relation to Situational Crime Prevention and its theoretical precursors, in order to explore potential prevention strategies and the ways in which perpetrators circumvent them. Case studies include analysis of attempts on the lives of Sergei and Yulia Skripal, the Tokyo subway attacks, the crimes of Dr. Harold Shipman and the Heaven's Gate and Jonestown cults. For each, the means, motive, opportunity, location, and perpetrator-victim relationship is examined. This accessible book speaks to students of criminology and those interested in penology, careers in criminal justice, homicide detectives, anti-terrorism personnel, forensic pathologists and toxicologists.
This collection offers a new reflection on rape in war time through 15 case studies, ranging from Greece to Nigeria. It questions the specificity of rape as a universal transgression, its place in memories of war, its legacies, including children born from rape, and the challenge of writing about intimate violence as both a scientist and a human.
Multiple killings by serial or spree killers and the mass violence seen in war crimes and other atrocities have typically been understood as discrete category types, which can foster the view that there are fundamentally different kinds of human beings, including "deviants" who are born evil and innately given to sadism or a callous lack of empathy. In contrast, this book considers the violence of these "deviants" in terms of larger questions about human violence. Therefore, in addition to describing the life histories of a sample of individual serial and spree murderers, the book includes analysis of macro-level phenomena such as genocide, mass rape and killing, and torture occurring under conditions of war, state authorization, or political upheaval. The chief claim of the book is that, given the "right" combination of factors occurring at different levels of analysis, virtually anyone can emerge as a killer or perpetrator of atrocities. While it is crucial to understand individual killers in terms of the details of their biographies, it is equally crucial to understand political atrocities in terms of the details of their histories; and to see that persons and groups are always the product of complexly interacting assemblage processes.
In Indirect Perpetrators Andrew Szanajda examines the administration of correctional and transitional justice in postwar Germany from 1945 to 1955. He is specifically concerned with the prosecution of those who had denounced others to the authorities during the National Socialist era. The first part of this work looks at the reasons behind the decision to prosecute informers with perpetrating a crime against humanity and the philosophical, legal, and practical problems associated with the administration of justice retroactively in the German courts through legislation specifically enacted for this purpose under the auspices of the Allied occupation powers and subsequent legislation enacted by the German authorities. The second part of the book examines the implementation of this law and the prosecution of informers in the American, French, and British occupation zones and then later in the Federal Republic of Germany, drawing on court proceedings and the judgments that were handed down in these cases. Szanajda discusses the problems associated with the implementation of this law in the respective zones and in the Federal Republic of Germany and the lessons to be drawn from this historically significant attempt to call individuals to account for their crimes against humanity after they had occurred through the use of retroactive legislation.
Ethics for Enemies comprises three original philosophical essays on torture, terrorism, and war. F. M. Kamm deploys ethical theory in her challenging new treatments of these most controversial practical issues. First she considers the nature of torture and the various occasions on which it could occur, in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. In the second essay she considers what makes terrorism wrong--whether it is the intention to harm civilians, rather than harm to them being 'collateral damage, ' or something else--and whether terrorism is always wrong. The third essay discusses whether having a right reason, in the sense of a right intention, is necessary in order for a war to be just. Kamm then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods that war can bring about, so as to make the declaration of war permissible.
This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.
Overshadowed for many years by the Nuremberg trials, the Tokyo Trial--one of the major events in the aftermath of World War II--has elicited renewed interest since the 50th anniversary of the war's end. Revelations of previously hidden war crimes, including comfort women and biological warfare, and the establishment of international courts to try Yugoslav and Rwandan war criminals have added to the interest. This bibliography addressees the renewed interest in the Tokyo Trial, providing over 700 citations to official publications, scholarly monographs and journal articles, contemporaneous accounts, manuscript collections, and Web sites. Also included are sources on the Trial's influence on international law and military law and unresolved issues being debated to this day. Defining war crimes after the fact, practicing victor's justice to punish enemies, holding military commanders accountable for their troops' actions--these were issues confronted in the Tokyo Trial and other Asia-Pacific war crimes trials. They are still being investigated, researched, and debated today. This bibliography helps to illuminate these issues from different perspectives, providing a variety of ways to locate relevant English-language sources. The volume also includes citations to contemporary issues stemming from the Asia-Pacific war crimes trials--comfort women, biological warfare, and unresolved issues of reparations and official apologies. The book is a useful guide to sources on all aspects of the Tokyo Trial.
This book explores how the experience of war and related atrocities tend to be visually expressed and how such articulations and representations are circulated and consumed. Each chapter of this volume examines how an image can contribute to a richer understanding of the experience of war and atrocity and thus they contribute to the burgeoning field of the "criminology of war". Topics include the destruction of war in oppositional cultural forms - comparing the Nazi period with the ISIS destruction of Palmyra - and the visual aesthetics of violence deployed by Jihadi terrorism. The contributors are a multi-disciplinary team drawn mainly from criminology but also sociology, international relations, gender studies, English and the visual arts. This book will advance this field in new directions with refreshing, original work.
From events at Nuremberg and Tokyo after World War II, to the
recent trials of Slobodan Milosević and Saddam Hussein, war crimes
trials are an increasingly pervasive feature of the aftermath of
conflict. In his new book, Law, War and Crime, Gerry Simpson
explores the meaning and effect of such trials, and places them in
their broader political and cultural contexts. The book traces the
development of the war crimes field from its origins in the
outlawing of piracy to its contemporary manifestation in the
establishment of the International Criminal Court in The
Hague. Simpson argues that the field of war crimes is constituted by a
number of tensions between, for example, politics and law; local
justice and cosmopolitan reckoning; collective guilt and individual
responsibility; and between the instinct that war, at worst, is an
error, and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.
This book examines Australia's and the United States' ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world's most vulnerable communities. Discussion within United Nations' reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O'Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers - a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Available for the first time in English, this document presents the testimonies of the victims of Guatemala's 36 year long war. When Bishop Juan Gerardi, responsible for the Human Rights Office of the Archdiocese of Guatemala (ODHAG), released this study of human rights abuses in his country on April 24, 1998, he was murdered two days later. The ODHAG has since accused members of the Armed Forces of being responsible for the crime. This is the report of the Recovery of Historic Memory Project of Catholic Church. The 6500 personal testimonies which are the basis of the report were collected by 600 specially trained volunteers, and accounted for over 55,000 victims of the estimated 150,000 dead and disappeared during the conflict. Two thirds of the testimonies were collected in different Mayan languages. Twenty five per cent of the victims were children. Three quarters of all victims were indigenous. 422 massacres are documented. Responsiblity of 79.3 per cent of violence was identified as falling to the Army while the guerrillas account for 9.3 per cent of the violence recounted.
This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. Its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary U.S. legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts, and they reveal new perspectives on the present and future implications of these trials.
The beautiful, emotional and true story of a mother and daughter's love and their strength to survive the horrors of the Holocaust. From invasion to liberation, September 1939 to April 1945, as Renee was marched from ghetto to camp, there was one constant. One hand that clutched hers - her mother's. Every day for nearly six years, mother and daughter were bound together in hell. From Auschwitz-Birkenau to Bergen-Belsen, they were a powerful source of solace and hope for one another. The strength of Sala's love gave them both something fragile yet beautiful to cling to in an ugly, depraved world. It was her mother who hid Renee, lied to the SS, went right when she was directed left - whose small actions had life-saving consequences. Now, for Renee, the need to share has finally overcome the desire to forget. A Mother's Promise is a love letter to a mother eighty years in the making.
The NHS came into existence in an atmosphere of conflict centred on the strong ideological commitment of the Post-war Labour Government and the opposition of the Conservative Party of that time to the idea of a universally available and centrally planned medical care service. There was also opposition from some sections of the medical establishment who feared the loss of professional autonomy. Setting health policy in both an historical and modern context (post 1997) Carrier and Kendall weigh up the successes and failures of the National Health Service and examine the conflicts which have continued for over sixty years, in spite of efforts to solve financial problems in the NHS through increases in funding as well as structural and organisational change. After looking at recent responses to supposed failures of the NHS, they conclude that the NHS has successfully faced the challenges before it and is likely to continue to meet the changing health needs of the population. Financial stresses, concerns about the quality of care and demographic change, with consequent issues for the elderly and the chronically ill, continue to be urgent and politically contentious issues. This book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS.
It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that 'places war within criminology' the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.
The U.S.-Dakota War, the bloodiest Indian war of the 19th century, erupted in southwestern Minnesota during the the summer of 1862. In the war's aftermath, a hastily convened commission of five army officers conducted trials of 391 Indians charged with murder and massacre. In 36 days, 303 Dakota men were sentenced to death. In the largest simultaneous execution in American history, 38 were hanged on a single gallows on December 26, 1862-an incident now widely considered an act of revenge rather than judicial punishment. Providing fresh insight into this controversial event, this book examines the Dakota War trials from the perspective of 19th century military law. The author discusses the causes and far-reaching consequences of the war, claims of widespread atrocities, the modern debate over the role of culture in lawful warfare and how the war has been depicted by historians.
This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milosevic at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milosevic in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Milosevic trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record - sources which would be almost impossible to extricate without an insider's guiding hand - to allow readers to trace the threads of several historical narratives. The value of this methodology is particularly evident in the Milosevic case as, acting as his own defence counsel, he responded to, and interacted with, almost all witnesses and evidence presented against him. By providing snapshots of the behaviour displayed by Milosevic in court while conducting his defence, in combination with passages of carefully selected evidence from an immense archive familiar to few scholars, this volume reveals how these trial records, and trail records in general, are a truly invaluable historical source. The book underlines the premise that any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events, contributes to interpretations of a historical period and influences the shaping of collective memory. This book will be of much interest to students of the Former Yugoslavia, war crimes, international law, human rights, international relations and European politics.
'Powerful and gripping... Goni [is] impressively relentless: leaving no discoverable stone unturned' Philippe Sands, author of The Ratline As Russian forces closed in on Berlin, and Hitler's regime drew to a close, many Nazi officials began to organize their escape from Germany. Thanks to an international effort - which included the enthusiastic support of the Vatican and President Juan Peron - they were able to evade justice, and found refuge in Argentina. In this startling, meticulously researched account, acclaimed author Uki Goni unravels the complex network that protected these fugitives, revealing the 'ratline' that allowed Adolf Eichmann - the architect of the 'Final Solution' - Josef Mengele, Erich Priebke, and many more to escape Europe. Both compelling and revelatory, this remarkable investigation sheds vital light on a disquieting period in Europe's history. This revised edition includes a new foreword by the author, new interviews, and a comprehensive list of the Nazi and European World War Two criminals who fled to Argentina.
Factories of Death details the activities of the Japanese army scientists that conducted numerous horrifying experiments upon live human beings. It investigates who from the upper echelons of the Japanese military and political establishments knew of the experiments, also the question of whether or not Allied POWs were subjected to such tests, and the nature of the deal that was brokered with US authorities after the war. This new edition has been completely updated, and contains an entirely new chapter detailing the numerous revelations that have surfaced since the book's initial publication in 1994.
The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author's personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author's manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.
It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occurred persistently throughout history and perpetuate criminal acts, victimisation and human rights violations on a scale unprecedented with domestic levels of crime. However, there are authoritative voices within criminology who have been studying war from the borders of the discipline. This book contains a selection of criminological authors who have been authoritatively engaged in studying criminology and war. Following an introduction that 'places war within criminology' the collection is arranged across three themed sections including: Theorising War, Law and Crime; Linking War and Criminal Justice; and War, Sexual Violence and Visual Trauma. Each chapter takes substantive topics within criminology and victimology (i.e. corporate crime, history, imprisonment, criminal justice, sexual violence, trauma, security and crime control to name but a few) and invites the reader to engage in critical discussions relating to wars both past and present. The chapters within this collection are theoretically rich, empirically diverse and come together to create the first authoritative published collection of original essays specifically dedicated to criminology and war. Students and researchers alike interested in war, critical criminology and victimology will find this an accessible study companion that centres the disparate criminological attention to war into one comprehensive collection.
This incisive volume brings together postcolonial studies, visual culture and cultural memory studies to explain how the Netherlands continues to rediscover its history of violence in colonial Indonesia. Dutch commentators have frequently claimed that the colonial past and especially the violence associated with it has been 'forgotten' in the Netherlands. Uncovering 'lost' photographs and other documents of violence has thereby become a recurring feature aimed at unmasking a hidden truth. The author argues that, rather than absent, such images have been consistently present in the Dutch public sphere and have been widely available in print, on television and now on the internet. Emerging Memory: Photographs of Colonial Atrocity in Dutch Cultural Remembrance shows that between memory and forgetting there is a haunted zone from which pasts that do not fit the stories nations live by keep on emerging and submerging while retaining their disturbing presence. |
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